D.C. Mun. Regs. r. 3-1500

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 3-1500 - GENERAL PROVISIONS
1500.1

This chapter governs the process for obtaining ballot access and the process by which candidates seek nomination to the office of elector of President and Vice President of the United States (hereinafter, "presidential electors")

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1500.2

For purposes of this chapter, unless otherwise provided, the following terms shall be defined as follows:

(a) The term "ballot access" means the process by which the names of candidates for President and Vice President are placed on the general election ballot.
(b) The term "authorized political party" means a political party that was organized prior to and continuously from the passage of the District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 699; D.C. Official Code §§ 1-1001.01et seq.), or whose name has been approved by the Board pursuant to the rules of this chapter;
(c) The term "qualified petition circulator" means an individual who is:
(1) At least 17 years of age and who will be 18 years of age on or before the next general election; and
(2) Either a resident of the District of Columbia, or a resident of another jurisdiction who has registered as a petition circulator with the Board in accordance with this chapter.
1500.3

To obtain ballot access, presidential electors shall be nominated in either of the following manners:

(a) By message; or
(b) By nominating petition.
1500.4

Each authorized political party which had in the next preceding election year at least seven thousand five hundred (7,500) votes cast in the general election for a candidate of the party to the office of Delegate, Mayor, Chairman of the Council, or member of the Council may obtain ballot access and nominate presidential electors by message pursuant to the provisions of D.C. Official Code §§ 1-1001.10 (2011 Repl.). Nominations made by message shall be in writing, signed by the chairperson or other duly authorized official of the party's executive committee in the District of Columbia, and shall contain the following information:

(a) The name of the political party;
(b) The names of the party's candidates for President and Vice President; and
(c) The names, addresses and registration numbers of the three candidates for presidential electors of that party.
1500.5

Each authorized political party which is ineligible to nominate presidential electors by message shall obtain ballot access by nominating presidential electors by petition pursuant to the rules of this chapter. Candidates without a party affiliation ("independents") shall also obtain ballot access by nominating presidential electors by petition.

1500.6

In addition to the filing of either the nomination by message or nomination by petition, the following affidavits and declarations shall also be filed on forms prescribed by the Board:

(a) An affidavit from each of the three (3) candidates for presidential electors ("Affidavit of Presidential Elector Candidate") stating that:
(1) The candidate meets all the legal requirements for office;
(2) The nomination as a candidate for presidential elector is filed with the nominee's knowledge and consent;
(3) If elected as a presidential elector, the candidate shall vote in the electoral college for the presidential and vice presidential candidates nominated by the designated political party or whose nomination the accompanying petition was filed in support of; and
(4) The candidate acknowledges that, in accordance with D.C. Official Code §§ 1-1001.08(g)(3), his or her presidential elector ballot shall not be accepted if he or she does not vote for the candidate of the party he or she was elected to represent, and that if he or she refuses to present a ballot, presents an unmarked ballot, or refuses to vote for the candidate of the party whom the elector has been selected to represent, he or she shall vacate the office of the elector.
(b) An affidavit executed personally by the presidential and vice presidential candidates ("Affidavit of Presidential and Vice Presidential Candidate"), stating their consent to the following:
(1) The appearance of their names on the general election ballot; and
(2) Representation in the electoral college by each of the three (3) named presidential electors, in the event that their presidential electors are elected in the District of Columbia; and
(c) A Declaration of Candidacy for each candidate for presidential elector, executed in accordance with Chapter 6 of this title.
1500.7

Nominations by message and supporting affidavits and Declarations of Candidacy shall be filed with the Board not later than 5:00 p.m. on September 1st of each presidential election year, unless the deadline for these documents has been waived for good cause following the executive committee's written request for such waiver to the Board.

1500.8

In the case of a nomination by petition, the Declaration of Candidacy must be filed before the Registrar will issue the nominating petition.

1500.9

Each person elected as elector of President and Vice President shall, in the presence of the Board, take an oath or solemnly affirm that the person will vote for the candidates of the party the person has been nominated to represent, and it shall be the person's duty to vote in such manner in the electoral college.

D.C. Mun. Regs. r. 3-1500

Final Rulemaking published at 27 DCR 2763 (June 27, 1980), incorporating the text of Proposed Rulemaking published at 27 DCR 1929, 1939-40 (May 9, 1980); as amended by Final Rulemaking published at 30 DCR 5289, 5305 (October 14, 1983); as amended by Final Rulemaking published at 50 DCR 6696 (August 15, 2003); as amended by Final Rulemaking published at 58 DCR 941, 977 (February 10, 2012); as amended by Final Rulemaking published at 61 DCR 625 (January 24, 2014); amended by Final Rulemaking published at 69 DCR 5226 (5/13/2022); amended by Final Rulemaking published at 70 DCR 12730 (9/22/2023); amended by Final Rulemaking published at 71 DCR 4475 (4/19/2024)
Authority: The District of Columbia Board of Elections and Ethics, pursuant to the authority set forth in D.C. Official Code § 1-1001.05(a)(14) (2012 Repl.).